Tuca Zbarcea puts end to monopoly probe against Colgate-Palmolive

Tuca Zbarcea &Asociatii said the High Court of Cassation and Justice has agreed to dismiss Competition Council’s judgment to launch probe against Colgate-Palmolive over suspicions that it had abused its monopoly in Romanian personal care market.

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On May 12, the High Court of Cassation and Justice validated the appeal lodged by Colgate-Palmolive through Tuca Zbarcea & Associatii and dismissed the ruling issued on February 2007 by the Competition Council on launching new probe against Colgate-Palmolive on alleged antitrust practices, after favorable findings in prior investigation. This is the first time when a law court annuls a ruling issued by the competition regulator in Romania.

“The success of our team in this case, whose trial lasted two years, sets an extremely important precedent which we hope to ease attorneys’ work in pleading similar cases. The annulment of a probe-reopening Order ruled by the competition regulator opens a new chapter in the practices related to Competition Council activity and also a daring decision reached by the Supreme Court”, said Ioana Hrisafi-Josan (photo), associate at Tuca Zbarcea & Asociatii.

After in 2005, the inquiry found that Colgate-Palmolive’s practices did not constitute an abuse of dominant market position in local personal care segment. However, in 2007 the Competition Council said it had new evidences in this matter, and decided to open a new probe. The supreme court found the new information doesn’t meet the legal conditions to launch a new investigation.